Recognizing Subtle Forms of Retaliation Against Whistleblowers in the Workplace

Whistleblowing is a courageous act. When an employee reports illegal or unethical activities within their organization, they are not only upholding the law but also protecting public safety and trust. However, this bravery can come at a cost. While direct retaliation like firing or demotion is widely recognized as illegal, many employers resort to more subtle tactics when reacting to whistleblowers.

It is crucial for employees to recognize both blatant and less obvious forms of retaliation to protect their careers and rights. At Olivier & Schreiber PC, our experienced attorneys are committed to defending whistleblowers and ensuring they are treated fairly under the law. Here, we explore some of the more covert retaliatory actions, helping you identify if you may be a victim of whistleblower retaliation.

Potential Subtle Signs of Retaliation Toward Whistleblowers:

Unfair or Inaccurate Performance Reviews

The manipulation of performance reviews can become a form of retaliation. An employee who has consistently received positive feedback may suddenly find their work scrutinized and criticized after blowing the whistle. This can appear as unfairly low ratings, vague and unsubstantiated negative comments, or setting unattainable performance goals. These reviews can be used as a pretext for future adverse actions, such as denying promotions or even termination, making it appear as though the decision was based on poor performance rather than retaliation.

Exclusion from Meetings or Opportunities

Another subtle tactic is to systematically exclude the whistleblower from meetings, projects, and training sessions they would normally attend. This exclusion serves to marginalize the employee, hindering their ability to perform their job effectively and limiting their opportunities for career advancement. By being left out of important discussions and decisions, the employee’s professional growth is stunted, and their contributions are minimized.

Denying Benefits or Overtime

Retaliation can also come across financially. An employer might suddenly deny a whistleblower previously approved benefits, such as flexible work arrangements or paid time off. They may also be consistently overlooked for overtime opportunities that were once readily available. These actions directly impact the employee’s compensation and work-life balance, creating financial strain and professional disadvantage without an overt act of demotion or a pay cut.

Professional Isolation

Creating a hostile work environment through professional isolation can become another common retaliatory strategy. This could involve management encouraging colleagues to shun the whistleblower, leading to social ostracism. The employee might be ignored while in meetings, excluded from work-related social events, or subjected to mockery and targeted jokes. This behavior is designed to make the employee feel unwelcome and alienated. It can lead to severe emotional distress or potentially being forced to resign, which constitutes a situation known as constructive discharge.

Protect Your Rights With Whistleblower and Retaliation Attorneys

If you have reported misconduct at your workplace and are now facing these or similar subtle forms of retaliation, it is vital to take action. Recognizing these behaviors is the first step toward protecting yourself. The next is seeking professional legal guidance.

The team at Olivier & Schreiber PC has experience representing individuals in both whistleblower and retaliation cases. We are dedicated to upholding the rights of employees and ensuring that justice is achieved. If you believe you may be a victim of workplace retaliation, contact our whistleblower attorneys for a consultation to discuss your case.